HEAVY VEHICLE NATIONAL LAW
National Heavy Vehicle Standards (Seatbelt Buckle Cover) Exemption Notice 2025 (No.1)
- Purpose
This notice exempts a heavy vehicle that is fitted with an approved seatbelt buckle cover(s) from the requirements of the Heavy Vehicle (Vehicle Standards) National Regulation (the National Regulation) specified in this notice. It is not intended to cover road rule exemptions, or other restraint type devices that do not affect seat or seatbelt compliance.
- Authorising Provision
This notice is made under section 61 of the Heavy Vehicle National Law (HVNL) as in force in each participating jurisdiction.
- Commencement
This notice commences on 17 June 2025.
- Expiry
This notice expires on 16 June 2030.
- Title
This notice may be cited as the National Heavy Vehicle Standards (Seatbelt Buckle Cover) Exemption Notice 2025 (No.1).
- Definitions
- Unless otherwise stated, words and expressions used in this notice have the same meanings as those defined in the HVNL.
- In this notice—
Approved Buckle Cover User List means a document that:
- is available in the vehicle
- lists people who can use a buckle cover
- may be generated and amended by the vehicle operator, or users/carer/supervisor
- may take the form of a letter or other document
- may be for individuals or a group of people
- lists the user’s:
- full name
- date of birth
- address
- parent/guardian’s full name
- parent/guardian’s phone number
- lists for each user, the Prescriber’s:
- full name
- organisation
- address
- email
- phone number
Responsible supervisor is a person who is responsible for the buckle user and may be the vehicle driver, the user’s carer or user’s supervisor.
Seatbelt buckle cover means a cover that:
- interferes with the normal operation of an approved seatbelt
- prevents passengers with disabilities and/or behaviours of concern from inappropriately releasing seatbelt buckles
- has been certified for use by a Prescriber; and
- is designed to meet an appropriate Australian Standard at time of purchase.
Prescriber is a person/s responsible for assessing an individual needs and prescribing the way in which a person with a disability or medical condition should be transported in a motor vehicle. This is an occupational therapist, physiotherapist, medical practitioner or rehabilitation engineer.
- Application
This notice applies to a heavy vehicle fitted with seatbelt buckle cover(s) operating in all participating jurisdictions.
- Exemption from Prescribed Vehicle Standards
A heavy vehicle with seatbelt buckle cover(s) is exempt from complying with Appendix A, clause 6.2.2.2 of Australian Design Rule 04/06 – Buckle operational requirements.
- Conditions
- The seatbelt buckle cover must only be fitted to a seating position occupied by a person on the Approved Buckle Cover User List.
- The Approved Buckle Cover User List must be carried in the vehicle with this notice.
- The seatbelt buckle cover must be used in accordance with instructions provided by the manufacturer/supplier.
- A seatbelt cutter is to be kept within an area of the vehicle in a clearly visible or clearly labelled position. The responsible supervisor must be trained and competent with the operation of both the seatbelt buckle cover and the emergency seatbelt cutter.
- The driver and any additional responsible supervisor/s must be made aware of the seatbelt cutters location before operating the vehicle.
- A prescriber must specify the use of a seatbelt buckle cover in accordance with the requirements of AS/NZS 4370:2013 Restraint of children with disabilities, or medical conditions, in motor vehicles.
- From 1 June 2027, a seatbelt buckle cover must meet AS/NZS 5384:2023 Accessories for seat belts used in motor vehicles.
Dated 17 June 2025
Kelli Walker
A/Chief, Safety and Productivity
National Heavy Vehicle Regulator
Overview
The National Heavy Vehicle Standards (Seatbelt Buckle Cover) Exemption Notice 2025 (No.1) was enacted by the National Heavy Vehicle Regulator to address the specific needs of individuals with disabilities or medical conditions who require seatbelt buckle covers to prevent inappropriate release of seatbelts. This notice exempts heavy vehicles fitted with approved seatbelt buckle covers from certain seatbelt operational requirements under the Heavy Vehicle (Vehicle Standards) National Regulation. The objective of the notice is to ensure that such covers are used safely and appropriately, providing an exemption for vehicles operating in all participating jurisdictions while maintaining the overall safety standards of heavy vehicle operations. The notice is made under section 61 of the Heavy Vehicle National Law and will commence on 17 June 2025, expiring on 16 June 2030.
Scope and Application
The National Heavy Vehicle Standards (Seatbelt Buckle Cover) Exemption Notice 2025 (No.1) pertains to heavy vehicles equipped with approved seatbelt buckle covers, operating within all participating jurisdictions of Australia. This notice is specifically crafted to exempt such vehicles from certain compliance requirements under the Heavy Vehicle (Vehicle Standards) National Regulation, as long as the buckle covers meet the conditions outlined. The exemptions apply to heavy vehicles, a category that encompasses a range of entities and industries primarily engaged in transportation and logistics. The notice mandates that the seatbelt buckle covers be used in adherence to specific guidelines, including maintaining an Approved Buckle Cover User List, ensuring that the covers are fitted only to authorised users, and carrying out the installation in compliance with manufacturer instructions. Additionally, the notice stipulates that a seatbelt cutter must be readily accessible, and that both the vehicle operator and any additional supervisors are trained in the use of the buckle cover and the cutter. The notice commences on 17 June 2025 and will remain in effect until 16 June 2030, unless otherwise amended by subordinate instruments under the Heavy Vehicle National Law.
Key Provisions
The National Heavy Vehicle Standards (Seatbelt Buckle Cover) Exemption Notice 2025 (No.1) (the Notice) primarily exempts heavy vehicles fitted with approved seatbelt buckle covers from specific vehicle standards (section 1). This exemption is designed to allow the use of these covers for individuals with disabilities or behaviours of concern, ensuring that they can be transported safely without compromising their safety or that of other passengers (section 2). The Notice specifies that this exemption does not extend to road rules or other restraint devices (section 2).
Under this Notice, certain obligations are imposed on the parties involved. The vehicle operator must ensure that the seatbelt buckle cover is only used by individuals listed on the Approved Buckle Cover User List, which must be kept in the vehicle at all times (section 4). The list must contain detailed information about the user and the prescriber (section 4). Additionally, the seatbelt buckle cover must be used in accordance with the manufacturer's instructions (section 4). The responsible supervisor must be trained and competent in the use of both the seatbelt buckle cover and the emergency seatbelt cutter, which must be kept in a clearly visible or labelled location within the vehicle (section 4).
Failure to comply with the requirements set out in the Notice may result in legal consequences. While the Notice does not explicitly detail specific offences or penalties, breaches of the Heavy Vehicle National Law (HVNL) or the Heavy Vehicle (Vehicle Standards) National Regulation could potentially lead to enforcement actions under the HVNL. Penalties for breaches of these regulations can include fines, vehicle impoundment, or other regulatory sanctions as stipulated in the HVNL. It is essential for operators and supervisors to adhere strictly to the conditions set out in the Notice to avoid any potential legal repercussions.